D.C. Mun. Regs. tit. 19, r. 19-3203

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 19-3203 - TIME LIMITATIONS

3203.1

The Commission, upon request reasonably describing a Commission record, shall within ten (10) days (excluding Saturdays, Sundays, and legal public holidays) of the receipt of any such request either make the requested record accessible or notify the requestor of its determination not to make the requested record or any part thereof accessible and the reasons therefor.

3203.2

In unusual circumstances, the time limit prescribed herein may be extended by written notice to the requestor setting forth the reasons for the extension and the expected date for determination. Such extension shall not exceed ten days (excluding Saturdays, Sundays, and legal public holidays). For purposes of this chapter, and only to the extent necessary for processing of the particular request, "unusual circumstances" are limited to:

(a) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

(b) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein.

3203.3

If no determination has been dispatched at the end of the ten day period, or the extension thereof, the requestor may deem the request denied, and exercise a right of appeal in accordance with this chapter. Any person requesting a record of the Commission shall be deemed to have exhausted his/her administrative remedies unless such person chooses to petition the Commission Board of Directors in accordance with this chapter.

3203.4

When no determination can be dispatched within the applicable time limit, the Commission shall continue to process the request. Upon expiration of the time limit, the requestor shall be notified in writing of the reason for the delay, the date on which the determination may be expected, and his/her right to treat the delay as a denial and the appeal rights provided by the Act. The Commission may ask the requestor to forego appeal until a determination is made.

D.C. Mun. Regs. tit. 19, r. 19-3203

Final Rulemaking published at 42 DCR 5232, 5237 (September 15, 1995)